Florida Senate - 2014 SENATOR AMENDMENT
Bill No. CS/HB 7035, 1st Eng.
Ì841792=Î841792
LEGISLATIVE ACTION
Senate . House
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Floor: 2/AD/3R . Floor: SENA2/C
04/23/2014 03:01 PM . 05/02/2014 08:14 PM
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Senator Braynon moved the following:
1 Senate Substitute for Amendment (978768) (with title
2 amendment)
3
4 Delete everything after the enacting clause
5 and insert:
6 Section 1. Subsections (1) and (3) of section 775.082,
7 Florida Statutes, are amended to read:
8 775.082 Penalties; applicability of sentencing structures;
9 mandatory minimum sentences for certain reoffenders previously
10 released from prison.—
11 (1)(a) Except as provided in paragraph (b), a person who
12 has been convicted of a capital felony shall be punished by
13 death if the proceeding held to determine sentence according to
14 the procedure set forth in s. 921.141 results in findings by the
15 court that such person shall be punished by death, otherwise
16 such person shall be punished by life imprisonment and shall be
17 ineligible for parole.
18 (b)1. A person who actually killed, intended to kill, or
19 attempted to kill the victim and who is convicted under s.
20 782.04 of a capital felony, or an offense that was reclassified
21 as a capital felony, which was committed before the person
22 attained 18 years of age shall be punished by a term of
23 imprisonment for life if, after a sentencing hearing conducted
24 by the court in accordance with s. 921.1401, the court finds
25 that life imprisonment is an appropriate sentence. If the court
26 finds that life imprisonment is not an appropriate sentence,
27 such person shall be punished by a term of imprisonment of at
28 least 40 years. A person sentenced pursuant to this subparagraph
29 is entitled to a review of his or her sentence in accordance
30 with s. 921.1402(2)(a).
31 2. A person who did not actually kill, intend to kill, or
32 attempt to kill the victim and who is convicted under s. 782.04
33 of a capital felony, or an offense that was reclassified as a
34 capital felony, which was committed before the person attained
35 18 years of age may be punished by a term of imprisonment for
36 life or by a term of years equal to life if, after a sentencing
37 hearing conducted by the court in accordance with s. 921.1401,
38 the court finds that life imprisonment is an appropriate
39 sentence. A person who is sentenced to a term of imprisonment of
40 more than 15 years is entitled to a review of his or her
41 sentence in accordance with s. 921.1402(2)(c).
42 3. The court shall make a written finding as to whether a
43 person is eligible for a sentence review hearing under s.
44 921.1402(2)(a) or (2)(c). Such a finding shall be based upon
45 whether the person actually killed, intended to kill, or
46 attempted to kill the victim. The court may find that multiple
47 defendants killed, intended to kill, or attempted to kill the
48 victim.
49 (3) A person who has been convicted of any other designated
50 felony may be punished as follows:
51 (a)1. For a life felony committed before prior to October
52 1, 1983, by a term of imprisonment for life or for a term of at
53 least years not less than 30 years.
54 2. For a life felony committed on or after October 1, 1983,
55 by a term of imprisonment for life or by a term of imprisonment
56 not exceeding 40 years.
57 3. Except as provided in subparagraph 4., for a life felony
58 committed on or after July 1, 1995, by a term of imprisonment
59 for life or by imprisonment for a term of years not exceeding
60 life imprisonment.
61 4.a. Except as provided in sub-subparagraph b., for a life
62 felony committed on or after September 1, 2005, which is a
63 violation of s. 800.04(5)(b), by:
64 (I) A term of imprisonment for life; or
65 (II) A split sentence that is a term of at least not less
66 than 25 years’ imprisonment and not exceeding life imprisonment,
67 followed by probation or community control for the remainder of
68 the person’s natural life, as provided in s. 948.012(4).
69 b. For a life felony committed on or after July 1, 2008,
70 which is a person’s second or subsequent violation of s.
71 800.04(5)(b), by a term of imprisonment for life.
72 5. Notwithstanding subparagraphs 1.-4., a person who is
73 convicted under s. 782.04 of an offense that was reclassified as
74 a life felony which was committed before the person attained 18
75 years of age may be punished by a term of imprisonment for life
76 or by a term of years equal to life imprisonment if the judge
77 conducts a sentencing hearing in accordance with s. 921.1401 and
78 finds that life imprisonment or a term of years equal to life
79 imprisonment is an appropriate sentence.
80 a. A person who actually killed, intended to kill, or
81 attempted to kill the victim and is sentenced to a term of
82 imprisonment of more than 25 years is entitled to a review of
83 his or her sentence in accordance with s. 921.1402(2)(b).
84 b. A person who did not actually kill, intend to kill, or
85 attempt to kill the victim and is sentenced to a term of
86 imprisonment of more than 15 years is entitled to a review of
87 his or her sentence in accordance with s. 921.1402(2)(c).
88 c. The court shall make a written finding as to whether a
89 person is eligible for a sentence review hearing under s.
90 921.1402(2)(b) or (2)(c). Such a finding shall be based upon
91 whether the person actually killed, intended to kill, or
92 attempted to kill the victim. The court may find that multiple
93 defendants killed, intended to kill, or attempted to kill the
94 victim.
95 (b)1. For a felony of the first degree, by a term of
96 imprisonment not exceeding 30 years or, when specifically
97 provided by statute, by imprisonment for a term of years not
98 exceeding life imprisonment.
99 2. Notwithstanding subparagraph 1., a person convicted
100 under s. 782.04 of a first-degree felony punishable by a term of
101 years not exceeding life imprisonment, or an offense that was
102 reclassified as a first degree felony punishable by a term of
103 years not exceeding life, which was committed before the person
104 attained 18 years of age may be punished by a term of years
105 equal to life imprisonment if the judge conducts a sentencing
106 hearing in accordance with s. 921.1401 and finds that a term of
107 years equal to life imprisonment is an appropriate sentence.
108 a. A person who actually killed, intended to kill, or
109 attempted to kill the victim and is sentenced to a term of
110 imprisonment of more than 25 years is entitled to a review of
111 his or her sentence in accordance with s. 921.1402(2)(b).
112 b. A person who did not actually kill, intend to kill, or
113 attempt to kill the victim and is sentenced to a term of
114 imprisonment of more than 15 years is entitled to a review of
115 his or her sentence in accordance with s. 921.1402(2)(c).
116 c. The court shall make a written finding as to whether a
117 person is eligible for a sentence review hearing under s.
118 921.1402(2)(b) or (2)(c). Such a finding shall be based upon
119 whether the person actually killed, intended to kill, or
120 attempted to kill the victim. The court may find that multiple
121 defendants killed, intended to kill, or attempted to kill the
122 victim.
123 (c) Notwithstanding paragraphs (a) and (b), a person
124 convicted of an offense that is not included in s. 782.04 but
125 that is an offense that is a life felony or is punishable by a
126 term of imprisonment for life or by a term of years not
127 exceeding life imprisonment, or an offense that was reclassified
128 as a life felony or an offense punishable by a term of
129 imprisonment for life or by a term of years not exceeding life
130 imprisonment, which was committed before the person attained 18
131 years of age may be punished by a term of imprisonment for life
132 or a term of years equal to life imprisonment if the judge
133 conducts a sentencing hearing in accordance with s. 921.1401 and
134 finds that life imprisonment or a term of years equal to life
135 imprisonment is an appropriate sentence. A person who is
136 sentenced to a term of imprisonment of more than 20 years is
137 entitled to a review of his or her sentence in accordance with
138 s. 921.1402(2)(d).
139 (d)(c) For a felony of the second degree, by a term of
140 imprisonment not exceeding 15 years.
141 (e)(d) For a felony of the third degree, by a term of
142 imprisonment not exceeding 5 years.
143 Section 2. Section 921.1401, Florida Statutes, is created
144 to read:
145 921.1401 Sentence of life imprisonment for persons who are
146 under the age of 18 years at the time of the offense; sentencing
147 proceedings.—
148 (1) Upon conviction or adjudication of guilt of an offense
149 described in s. 775.082(1)(b), s. 775.082(3)(a)5., s.
150 775.082(3)(b)2., or s. 775.082(3)(c) which was committed on or
151 after July 1, 2014, the court may conduct a separate sentencing
152 hearing to determine if a term of imprisonment for life or a
153 term of years equal to life imprisonment is an appropriate
154 sentence.
155 (2) In determining whether life imprisonment or a term of
156 years equal to life imprisonment is an appropriate sentence, the
157 court shall consider factors relevant to the offense and the
158 defendant’s youth and attendant circumstances, including, but
159 not limited to:
160 (a) The nature and circumstances of the offense committed
161 by the defendant.
162 (b) The effect of the crime on the victim’s family and on
163 the community.
164 (c) The defendant’s age, maturity, intellectual capacity,
165 and mental and emotional health at the time of the offense.
166 (d) The defendant’s background, including his or her
167 family, home, and community environment.
168 (e) The effect, if any, of immaturity, impetuosity, or
169 failure to appreciate risks and consequences on the defendant’s
170 participation in the offense.
171 (f) The extent of the defendant’s participation in the
172 offense.
173 (g) The effect, if any, of familial pressure or peer
174 pressure on the defendant’s actions.
175 (h) The nature and extent of the defendant’s prior criminal
176 history.
177 (i) The effect, if any, of characteristics attributable to
178 the defendant’s youth on the defendant’s judgment.
179 (j) The possibility of rehabilitating the defendant.
180 Section 3. Section 921.1402, Florida Statutes, is created
181 to read:
182 921.1402 Review of sentences for persons convicted of
183 specified offenses committed while under the age of 18 years.—
184 (1) For purposes of this section, the term “juvenile
185 offender” means a person sentenced to imprisonment in the
186 custody of the Department of Corrections for an offense
187 committed on or after July 1, 2014, and committed before he or
188 she attained 18 years of age.
189 (2)(a) A juvenile offender sentenced under s.
190 775.082(1)(b)1. is entitled to a review of his or her sentence
191 after 25 years. However, a juvenile offender is not entitled to
192 review if he or she has previously been convicted of one of the
193 following offenses, or conspiracy to commit one of the following
194 offenses, if the offense for which the person was previously
195 convicted was part of a separate criminal transaction or episode
196 than that which resulted in the sentence under s.
197 775.082(1)(b)1.:
198 1. Murder;
199 2. Manslaughter;
200 3. Sexual battery;
201 4. Armed burglary;
202 5. Armed robbery;
203 6. Armed carjacking;
204 7. Home-invasion robbery;
205 8. Human trafficking for commercial sexual activity with a
206 child under 18 years of age;
207 9. False imprisonment under s. 787.02(3)(a); or
208 10. Kidnapping.
209 (b) A juvenile offender sentenced to a term of more than 25
210 years under s. 775.082(3)(a)5.a. or s. 775.082(3)(b)2.a. is
211 entitled to a review of his or her sentence after 25 years.
212 (c) A juvenile offender sentenced to a term of more than 15
213 years under s. 775.082(1)(b)2., s. 775.082(3)(a)5.b., or s.
214 775.082(3)(b)2.b. is entitled to a review of his or her sentence
215 after 15 years.
216 (d) A juvenile offender sentenced to a term of 20 years or
217 more under s. 775.082(3)(c) is entitled to a review of his or
218 her sentence after 20 years. If the juvenile offender is not
219 resentenced at the initial review hearing, he or she is eligible
220 for one subsequent review hearing 10 years after the initial
221 review hearing.
222 (3) The Department of Corrections shall notify a juvenile
223 offender of his or her eligibility to request a sentence review
224 hearing 18 months before the juvenile offender is entitled to a
225 sentence review hearing under this section.
226 (4) A juvenile offender seeking sentence review pursuant to
227 subsection (2) must submit an application to the court of
228 original jurisdiction requesting that a sentence review hearing
229 be held. The juvenile offender must submit a new application to
230 the court of original jurisdiction to request subsequent
231 sentence review hearings pursuant to paragraph (2)(d). The
232 sentencing court shall retain original jurisdiction for the
233 duration of the sentence for this purpose.
234 (5) A juvenile offender who is eligible for a sentence
235 review hearing under this section is entitled to be represented
236 by counsel, and the court shall appoint a public defender to
237 represent the juvenile offender if the juvenile offender cannot
238 afford an attorney.
239 (6) Upon receiving an application from an eligible juvenile
240 offender, the court of original sentencing jurisdiction shall
241 hold a sentence review hearing to determine whether the juvenile
242 offender’s sentence should be modified. When determining if it
243 is appropriate to modify the juvenile offender’s sentence, the
244 court shall consider any factor it deems appropriate, including
245 all of the following:
246 (a) Whether the juvenile offender demonstrates maturity and
247 rehabilitation.
248 (b) Whether the juvenile offender remains at the same level
249 of risk to society as he or she did at the time of the initial
250 sentencing.
251 (c) The opinion of the victim or the victim’s next of kin.
252 The absence of the victim or the victim’s next of kin from the
253 sentence review hearing may not be a factor in the determination
254 of the court under this section. The court shall permit the
255 victim or victim’s next of kin to be heard, in person, in
256 writing, or by electronic means. If the victim or the victim’s
257 next of kin chooses not to participate in the hearing, the court
258 may consider previous statements made by the victim or the
259 victim’s next of kin during the trial, initial sentencing phase,
260 or subsequent sentencing review hearings.
261 (d) Whether the juvenile offender was a relatively minor
262 participant in the criminal offense or acted under extreme
263 duress or the domination of another person.
264 (e) Whether the juvenile offender has shown sincere and
265 sustained remorse for the criminal offense.
266 (f) Whether the juvenile offender’s age, maturity, and
267 psychological development at the time of the offense affected
268 his or her behavior.
269 (g) Whether the juvenile offender has successfully obtained
270 a general educational development certificate or completed
271 another educational, technical, work, vocational, or self
272 rehabilitation program, if such a program is available.
273 (h) Whether the juvenile offender was a victim of sexual,
274 physical, or emotional abuse before he or she committed the
275 offense.
276 (i) The results of any mental health assessment, risk
277 assessment, or evaluation of the juvenile offender as to
278 rehabilitation.
279 (7) If the court determines at a sentence review hearing
280 that the juvenile offender has been rehabilitated and is
281 reasonably believed to be fit to reenter society, the court
282 shall modify the sentence and impose a term of probation of at
283 least 5 years. If the court determines that the juvenile
284 offender has not demonstrated rehabilitation or is not fit to
285 reenter society, the court shall issue a written order stating
286 the reasons why the sentence is not being modified.
287 Section 4. Subsection (2) of section 316.3026, Florida
288 Statutes, is amended to read:
289 316.3026 Unlawful operation of motor carriers.—
290 (2) Any motor carrier enjoined or prohibited from operating
291 by an out-of-service order by this state, any other state, or
292 the Federal Motor Carrier Safety Administration may not operate
293 on the roadways of this state until the motor carrier has been
294 authorized to resume operations by the originating enforcement
295 jurisdiction. Commercial motor vehicles owned or operated by any
296 motor carrier prohibited from operation found on the roadways of
297 this state shall be placed out of service by law enforcement
298 officers of the Department of Highway Safety and Motor Vehicles,
299 and the motor carrier assessed a $10,000 civil penalty pursuant
300 to 49 C.F.R. s. 383.53, in addition to any other penalties
301 imposed on the driver or other responsible person. Any person
302 who knowingly drives, operates, or causes to be operated any
303 commercial motor vehicle in violation of an out-of-service order
304 issued by the department in accordance with this section commits
305 a felony of the third degree, punishable as provided in s.
306 775.082(3)(e) 775.082(3)(d). Any costs associated with the
307 impoundment or storage of such vehicles are the responsibility
308 of the motor carrier. Vehicle out-of-service orders may be
309 rescinded when the department receives proof of authorization
310 for the motor carrier to resume operation.
311 Section 5. Subsection (3) of section 373.430, Florida
312 Statutes, is amended to read:
313 373.430 Prohibitions, violation, penalty, intent.—
314 (3) Any person who willfully commits a violation specified
315 in paragraph (1)(a) is guilty of a felony of the third degree,
316 punishable as provided in ss. 775.082(3)(e) 775.082(3)(d) and
317 775.083(1)(g), by a fine of not more than $50,000 or by
318 imprisonment for 5 years, or by both, for each offense. Each day
319 during any portion of which such violation occurs constitutes a
320 separate offense.
321 Section 6. Subsection (3) of section 403.161, Florida
322 Statutes, is amended to read:
323 403.161 Prohibitions, violation, penalty, intent.—
324 (3) Any person who willfully commits a violation specified
325 in paragraph (1)(a) is guilty of a felony of the third degree
326 punishable as provided in ss. 775.082(3)(e) 775.082(3)(d) and
327 775.083(1)(g) by a fine of not more than $50,000 or by
328 imprisonment for 5 years, or by both, for each offense. Each day
329 during any portion of which such violation occurs constitutes a
330 separate offense.
331 Section 7. Paragraph (c) of subsection (3) of section
332 648.571, Florida Statutes, is amended to read:
333 648.571 Failure to return collateral; penalty.—
334 (3)
335 (c) Allowable expenses incurred in apprehending a defendant
336 because of a bond forfeiture or judgment under s. 903.29 may be
337 deducted if such expenses are accounted for. The failure to
338 return collateral under these terms is punishable as follows:
339 1. If the collateral is of a value less than $100, as
340 provided in s. 775.082(4)(a).
341 2. If the collateral is of a value of $100 or more, as
342 provided in s. 775.082(3)(e) 775.082(3)(d).
343 3. If the collateral is of a value of $1,500 or more, as
344 provided in s. 775.082(3)(d) 775.082(3)(c).
345 4. If the collateral is of a value of $10,000 or more, as
346 provided in s. 775.082(3)(b).
347 Section 8. This act shall take effect July 1, 2014.
348
349 ================= T I T L E A M E N D M E N T ================
350 And the title is amended as follows:
351 Delete everything before the enacting clause
352 and insert:
353 A bill to be entitled
354 An act relating to juvenile sentencing; amending s.
355 775.082, F.S.; providing criminal penalties applicable
356 to a juvenile offender for certain serious felonies;
357 requiring a judge to consider specified factors before
358 determining if life imprisonment is an appropriate
359 sentence for a juvenile offender convicted of certain
360 offenses; providing review of sentences for specified
361 juvenile offenders; creating s. 921.1401, F.S.;
362 providing sentencing proceedings for determining if
363 life imprisonment is an appropriate sentence for a
364 juvenile offender convicted of certain offenses;
365 providing certain factors a judge shall consider when
366 determining if life imprisonment is appropriate for a
367 juvenile offender; creating s. 921.1402, F.S.;
368 defining the term “juvenile offender”; providing
369 sentence review proceedings to be conducted after a
370 specified period of time by the original sentencing
371 court for juvenile offenders convicted of certain
372 offenses; providing for subsequent reviews; requiring
373 the Department of Corrections to notify a juvenile
374 offender of his or her eligibility to participate in
375 sentence review hearings; entitling a juvenile
376 offender to be represented by counsel; providing
377 factors that must be considered by the court in the
378 sentence review; requiring the court to modify a
379 juvenile offender’s sentence if certain factors are
380 found; requiring the court to impose a term of
381 probation for any sentence modified; requiring the
382 court to make written findings if the court declines
383 to modify a juvenile offender’s sentence; amending ss.
384 316.3026, 373.430, 403.161, and 648.571, F.S.;
385 conforming cross-references; providing an effective
386 date.